1. General
The terms of sale and delivery outlined below apply to all offers and orders. Agreements deviating from the original terms require the supplier’s written consent to their commitments. When placing orders the customers acknowledge these conditions.
2. Offer and delivery
• All offers are not firm.
• Delivery dates may be delayed due to unforeseen circumstances beyond the control of Enz Technik AG.
• If the customer is in default of payment for a previous delivery, Enz Technik AG is legitimated to hold back further deliveries until full and final payment has been effected. In such an event Enz Technik AG would not be obliged to reimburse additional cost for possible damage resulting from such delay.
3. Product documentation
Current product data sheets, operating instructions and videos for our products can only be found digitally on our website enz.com.
4. Prices/ benefit and risk
• Unless otherwise agreed upon all prices shall be deemed to be net ex works (Incoterms 2020), excluding packing, in the agreed currency without any deductions whatsoever.
• Any and all additional charges, such as, but not limited to freight charges, insurance premiums, fees for export, transit, import and other permits, as well as for certifications, shall be borne by the customer. Likewise, the customer shall bear any and all taxes, fees, levies, customs duties and the like which are levied out of or in connection with the conract.
• The benefit and the risk of the supplies shall pass to the customer at latest by the date of their leaving the works.
5. Payments
Bill are payable net within 30 days after date of issue if no other special arrangements have been upon. After these 30 days our firm is entitled to consider the customer in default of payment and we may calculate interest on the arrears as well as charge expenses due to the delay in line with article 107 OR (Swiss Code of Obligations). The delivered goods remain our property until full and final settlement of the outstanding amount, even if the possibility of retention of title to the goods was not stipulated in the bill of sale.
6. Warranty
The seller guarantees that the products sold are free of defects and functional for the intended use.
The warranty period for our products is 12 months after successful delivery. Within this period, faulty products that are demonstrably the result of defects in material, workmanship or design shall be repaired or replaced. The seller may refuse the remedy requested by the purchaser if it is impossible or disproportionate or if the defects complained of are insignificant. The warranty shall be forfeited for products on which modifications or repairs have been performed by the purchaser or third parties. This shall also apply if the purchaser or third parties have not complied with the relevant assembly and operating instructions.
All other claims by the purchaser, in particular those for withdrawal, reduction, or compensation, are excluded. In this respect, no costs for disassembly or reassembly or for any other indirect or consequential damages shall be borne by the seller. The exclusion of liability shall not apply if the seller has expressly guaranteed certain properties of the products to the purchaser in writing or has fraudulently not disclosed such properties.
7. Liability
Any contractual or non-contractual liability exceeding the warranty, in particular for so-called consequential harm caused by a defect and indirect damage, is excluded with respect to the purchaser. The exclusion of liability does not apply to damage caused intentionally or as a result of gross negligence.
8. Complaints and returns
Complaints should be lodged immediately on receipt of goods. We accept returns if made within 20 days of receipt. Returns are subject to a restocking charge of 10% of the value of the goods. We do not accept late returns or returns of specially sourced or customised items.
9. Place of performance and court of jurisdiction
The place of performance and court of jurisdiction is CH 6074 Giswil / OW, Switzerland, and applies to both parties and to all possible resulting differences. However, the supplier is also free to enforce his rights at the customer‘s domicile if necessary.